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DECISION No

DECISION No.1343-TM/PC ON THE 7TH OF NOVEMBER 1994 TO ISSUE THE REGULATION FOR EXPERTISE OF IMPORT-EXPORT GOODS

THE MINISTER OF TRADE

Pursuant to Decree No.95-CP on the 4th of December 1993 of the Government on the functions, tasks, powers and organization of the Ministry of Trade;

Proceeding from Decree No.33-CP on the 19th of April 1994 of the Government on State management of import and export activities;

At the proposal of the Director of the Import-Export Department,

DECIDES:

Article 1.- To issue in conjunction with this Decision, the Regulation for Expertise of Import-Export Goods.

Article 2.- This Regulation takes effect as from the date of its signing; all previous provisions which are contrary to this Regulation are now annulled.

Article 3.- The enterprises which are engaged in import and export activities, and the organizations specializing in expertise of import and export goods are responsible for implementing this Regulation.

Article 4.- The Directors of the Import-Export Department, the Department of Legal Affairs and the Department of Investment are responsible for guiding and organizing the implementation of this Regulation.

Minister of Trade

LE VAN TRIET

REGULATION ON EXPERTISE OF IMPORT-EXPORT GOODS

(Issued in conjunction with Decision No.1343-TM/PC on the 7th of November 1994 of the Ministry of Trade)

This Regulation sets provisions for expertise of import-export goods with a view to protecting the interests of the State and the consumers; raising the efficiency of importing and exporting; and providing protection for the legitimate rights and interests of the import-export enterprises in compliance with the Vietnamese law and international trade practice.

Chapter I

GENERAL PROVISIONS

Article 1.- The goods exported under List I and imported under List II shall all be subject to expertise. With regard to import-export goods which incur losses, Article 14 of Decree No.54-CP on the 28th of August 1993 of the Government providing details for the implementation of the Law on Import-Export Tariffs, shall apply.

Article 2.- With regard to all other import or export goods, if necessary, the buying or selling party may request expertise.

Article 3.- Expertise as applied in this Regulation is understood as:

3.1. The controlling of import-export goods by technical professional measures to determine the actual state of the goods.

3.2. The expertise of import-export goods is composed of:

- Expertise of the quality, standard, quantity, volume, wrapping, packaging, ,hygiene safety, and value.

- Expertise of the delivery, transportation, and storage of the goods.

- Expertise of each and all parts of the process of production of the goods on request.

- All other expertise of works related to import-export goods on request.

Article 4.- With regard to the import-export goods stipulated in Article 1, expertise is compulsory for: quality, standard, quantity and volume. Expertise of other aspects shall be done on request of either party or both. Expertise is based on the compulsory Vietnamese standard, the international standard, and the contracted agreements between the selling and buying parties.

Machine parts and sets, and imported spare-parts (except for imports paid with fund from the State budget under Decision No.91-TTg on the 13th of November 1992 of the Prime Minister), both new and used, shall also be subject to compulsory expertise of value. This expertise is based on the mean price of the goods on the exporting market at the time of the expertise.

Article 5.- The expertise of import-export goods under this Regulation shall be conducted by the independent and neutral expertise organizations of Vietnam which are licensed by the Ministry of Trade, and by foreign expertise organizations operating on the Vietnamese territory under principles provided for in Article 10 of this Regulation.

Article 6.-

6.1. Expertise is conducted at the port of departure for exports from Vietnam, and at the port of arrival for imports into Vietnam.

6.2. Depending on the nature of the goods and the complexity of the expertise, the importing businesses may arrange for the expertise to be conducted at the exporting country before the delivery of each batch of goods, in order to protect their right and interest.

In this case, if the goods belong to List II, the expertise shall be conducted by a Vietnamese expertise organization, either independently or in cooperation with its foreign colleagues. In case the goods do not belong to List II, the selling and buying parties shall agree on an expertise organization suitable to themselves.

6.3. The expertise of the value of machinery, equipment and spare-parts shall be conducted immediately after the importing business signs the contract with the foreign exporter, and shall be one of the conditions for the licensing of the importation of the batch of goods.

Chapter II

RESPONSIBILITY OF THE ORGANIZATION REQUESTING EXPERTISE OF IMPORT-EXPORT GOODS

Article 7.- The buying and/or selling parties of the import-export goods, which are hereafter referred to as the expertise-requesting organization, have the following responsibilities:

7.1. With regard to goods stipulated in Lists I and II and the goods for which the parties request expertise, the parties shall include provisions on expertise in their trade contract.

7.2. To request the expertise organization to conduct the expertise promptly as required by the provisions of the contract.

7.3. To produce the expertise certificate for the batch of export goods, or the expertise certificate or request for import goods, to the customs office at the entry or exit port for clearance. To produce the value certificate to the licensing bureau to apply for license for importation of machinery, equipment and spare-parts.

7.4. The buying and selling parties of import-export goods have the right to choose one of the expertise organizations which have been licensed for operation by the Ministry of Trade, to conduct expertise of their import-export goods.

7.5. To provide fully and in a precise and timely manner the necessary documents on request of the expertise organization.

7.6. To pay the expertise fee.

7.7. To request re-expertise to clear doubts of the expertise results, and pay additional expertise fee if the re-expertise yields the same result as the first expertise.

7.8. In case the expertise of the import-export goods produces results which are not as stipulated in the trade contract, the victimized party, which is the Vietnamese side, should lodge timely complaint to protect its right and interest.

Article 8.- In case the expertise-requesting organization is either a trial agency, or an insurance company, the expertise shall be conducted under a separate regulation.

Chapter III

RESPONSIBILITY OF THE ORGANIZATION EXPERTIZING IMPORT-EXPORT GOODS

Article 9.- With regard to the Vietnamese expertise organization:

9.1. Expertise shall comply with the principles of independence, neutrality, timeliness and precision, on the basis of utilizing professional and technical measures for expertise, and reflecting truthfully the expertise results.

9.2. To provide certificate of expertise and price evaluation for the expertise-requesting party.

The expertise and evaluation certificates shall be made in Vietnamese, or a commonly used foreign language, upon request of the expertise-requesting party.

9.3. To file periodical reports on the status of the quality, standard, quantity, loss and value of the expertise goods, and send them to the Ministry of Trade.

9.4. To collect expertise fee.

Article 10.- With regard to foreign expertise organization:

10.1. In case the contract specifies that either the buyer or the seller appoints a foreign expertise organization to expertise goods for import or export in the Vietnamese territory, the foreign expertise organization has to consign the expertise to a Vietnamese expertise organization.

10.2. When foreign expertise experts and instruments enter Vietnam, the procedure for their entry and import arrangement shall be handled by the consigned Vietnamese expertise organization.

10.3. The dispatch of foreign expertise experts and instruments to Vietnam shall be conducted on the basis of business cooperation or a joint venture enterprise, and shall comply with the provisions of the Law on Foreign Investment in Vietnam.

Chapter IV

LICENSING CONDITION AND PROCEDURE FOR BUSINESS IN EXPERTISE OF IMPORT-EXPORT GOODS

Article 11.- The conditions to be licensed to do business in expertise of import-export goods:

11.1. The business organization is established in compliance with law and committed to complying with the provisions of the existing law.

11.2. It must have a adequate staff competent in expertise of import-export goods (the business must produce copies of valid professional diplomas and certificates).

11.3. It must have the material basis suitable for expertise activities (equipment, laboratory, etc.)

Article 12.- The licensing procedure for business in expertise of import-export goods:

12.1. The licensing file is compassed of:

- The application for business in expertise of import-export goods.

- The business plan.

- Copies of the establishment license and business registration.

- In case the establishment license is still pending, an application to the effect is required.

- The general regulation on the formality and procedure of expertise.

12.2. Processing time:

The time limit for the Ministry of Trade to consider licensing an enterprise to conduct expertise of import-export goods is 30 days after receipt of the full and proper file.

Article 13.- The Ministry of Trade shall set up and lead a Council composed of representatives of concerned Ministries and branches, to:

13.1. Evaluate the competence of organizations applying for licenses for business in expertise of import-export goods and recommend the Ministry to approve or not to approve the application.

13.2. Periodically control and review the business organizations in expertise of import-export goods, and recommend the Ministry of Trade to take appropriate measures regarding organizations which are no longer competent technically or which violate law in the operation process.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14.-

14.1. All enterprises in import and export activities, and expertise organizations of import-export goods are responsible for implementing this Regulation.

14.2. All acts of violation of this Regulation which cause looses to property and the prestige of the State shall, depending on the extent of the offense, be dealt with as follows:

14.2.1. For enterprises in import and export activities:

- Warning,

- Temporary suspension of business,

- Withdrawal of business license,

- Examined for penal liability.

14.2.2. For business in expertise of import-export goods:

- Warning,

- Temporary suspension of business,

- Withdrawal of license for business in expertise of import-export goods,

- Compensation for material losses in accordance with conventional international practice,

- Examined for penal liability.

Minister of Trade

LE VAN TRIET